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Richard E Oberdorfer
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Richard Oberdorfer’s Answers

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  • No ticket in Missouri 1983 they want me to go to DUI class I live in Oregon they won't give me DUI class could never have one

    Got ticket in Missouri 83 I want me to go DUI class I live in Oregon they won't give me do you like I never had one what can done

    Richard’s Answer

    DMV’s rules require proof of successful alcohol treatment before you can get your license back following a DUII conviction. There are a only a few, narrow exceptions: (1) it’s been more than 15 years; (2) a Circuit Court judge signs an order that says you made “sufficient steps” to complete treatment; or (3) it’s an out-of-state DUII conviction we’re talking about. The rule reads as follows:

    735-070-0085

    Proof of Treatment Completion Required for Reinstatement of DUII Suspension

    (1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide as proof that the person completed a treatment program to which the person was referred under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must be completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider.

    (2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the Certificate required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the Certificate must show the date treatment was completed.

    (3) If the person does not provide the proof described in section (1) of this rule, DMV will not reinstate driving privileges following a suspension for DUII unless:

    (a) The person submits an order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program;

    (b) It has been 15 years or more since the person’s last DUII conviction in an Oregon court; or

    (c) The suspension of driving privileges resulted from a conviction in another jurisdiction for the statutory counterpart to ORS 813.010 (DUII).

    Stat. Auth.: ORS 184.616, 184.619, 802.010, ORS 809.380 OL 2012, Ch. 9
    Stats. Implemented: OL 2012, Ch. 9; OL 2013, Ch. 233
    Hist.: DMV 5-1994, f. & cert. ef. 7-21-94; DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12; DMV 10-2012, f. & cert. ef. 7-19-12; DMV 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13

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  • What do I do? Do I have to do an assessment?

    I lost my license in2001 on a dui. I'm now trying to get my license back and Dmv says I need an assessment done but I don't drink anymore. I haven't drank in years. What do I do?

    Richard’s Answer

    DMV’s rules require proof of successful alcohol treatment before you can get your license back following a DUII conviction. There are a only a few, narrow exceptions: (1) it’s been more than 15 years; (2) a Circuit Court judge signs an order that says you made “sufficient steps” to complete treatment; or (3) it’s an out-of-state DUII conviction we’re talking about. The rule reads as follows:

    735-070-0085

    Proof of Treatment Completion Required for Reinstatement of DUII Suspension

    (1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide as proof that the person completed a treatment program to which the person was referred under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must be completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider.

    (2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the Certificate required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the Certificate must show the date treatment was completed.

    (3) If the person does not provide the proof described in section (1) of this rule, DMV will not reinstate driving privileges following a suspension for DUII unless:

    (a) The person submits an order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program;

    (b) It has been 15 years or more since the person’s last DUII conviction in an Oregon court; or

    (c) The suspension of driving privileges resulted from a conviction in another jurisdiction for the statutory counterpart to ORS 813.010 (DUII).

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  • How do get a court revocation changed to a suspension on my Oregon drivers license

    I was convicted for 3rd DUI in Oregon 2016 and have had my license to drive revoked. The 1st DUI was in 1975 in California the second in 2011 in Texas. I also have one arrest in 1976 for drunkeness but was not driving a vehicle. I plead guilty to ...

    Richard’s Answer

    It's pretty difficult (read: nigh impossible) without a lawyer to get all your ducks in a row to restore your driving privileges. You should hire an experienced DUII defender who knows how to petition for driving reinstatement. It wouldn't hurt if you hired a lawyer in the jurisdiction where the Oregon conviction took place -- if you can't find one willing to take this issue on, there are a few of us in the Portland area with some track record on these. Here is what you're looking at (a lawyer would handle much of this for you):

    January 1, 2004, marked the beginning of Oregon’s experiment with “lifetime license revocation” for a third DUII conviction. Some people are mistakenly told that it’s a “10-year suspension.” It’s not, it’s a lifetime revocation — with a possibility of petitioning for your license back after 10 years.

    It’s no easy row to hoe. In short, you must prove by clear and convincing evidence that you’re no longer a threat. Technically, that you are “rehabilitated,” completed treatment, and do “not pose a threat to the safety of the public.” ORS 809.235(4). It’s pretty tough to prove a negative. I think the best shot would be — with a good lawyer — showing that you’ve got 10 years of stable sobriety, an AA sponsor, and community and family connections who need you to drive. That’s an ideal candidate — but anyone with 10 years of fairly blameless history may have a shot. It’s also quite likely required (and a great selling point to the judge) to promise to install an Ignition Interlock Device (IID), see ORS 813.602(1)(c) (requiring IID “For a second or subsequent conviction, for two years after the ending date of the suspension or revocation caused by the conviction.”) (thanks to excellent DUII lawyer Bruce Tarbox for this tip). As lawyers we should be prepared to start marshaling evidence for these petitions now, and for contact from folks who have served ten years of a license revocation.

    ORS 809.235(2) provides some of the nuts and bolts:

    “(c) The district attorney of the county in which the person’s driving privileges were revoked shall be named and served as the respondent in the petition.
    (3) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:
    (a) The nature of the offense for which driving privileges were revoked.
    (b) The degree of violence involved in the offense.
    (c) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation.
    (d) The recommendation of the person’s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.
    (e) Any other relevant factors.
    (4) The court shall order a petitioner’s driving privileges restored if, after a hearing described in subsection (3) of this section, the court finds by clear and convincing evidence that the petitioner:
    (a) Is rehabilitated;
    (b) Does not pose a threat to the safety of the public; and
    (c) If the sentence for the crime for which the petitioner’s driving privileges were revoked required the petitioner to complete an alcohol or drug treatment program, has completed an alcohol or drug treatment program in a facility approved by the Director of the Oregon Health Authority or a similar program in another jurisdiction.
    (5) Upon receiving a court order to restore a person’s driving privileges, the department may reinstate driving privileges in accordance with ORS 809.390, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.”

    Please note that if you’ve been subsequently convicted of Driving While Revoked or Suspended (DWR/S) or any other motor vehicle crime, you must wait 10 years.

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  • What is the maximum DUII treatment requirement in Oregon through ADES?

    I notice that the minimum DUII treatment requirement is 90 days. What is the maximum treatment that can be required?

    Richard’s Answer

    The maximum is 18 months. To make it go that long, you'd have to ask for an extension at 11-months, explaining to the court why you hadn't finished all your Diversion require,nets within the usual 12 months. I've seen it happen -- if the divertee was unable to maintain sobriety during treatment. Also, some very unpleasant treatment providers (which good lawyers steer you away from) will keep you in treatment -- despite abstinence and all clean UAs -- if they don't like your "attitude." Talk to your lawyer!

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  • Oregon DUII conviction. Completed classes/treatment in Montana with referral from Oregon ADES. Now DMV problems.

    I was in Oregon temporarily. I was assigned an ADES evaluator. I eventually was able to get permission to complete DUII treatment in Montana. I checked with Oregon DMV and they had my ADES person call me. ADES then had me sign a release to gi...

    Richard’s Answer

    Contact your treatment provider and corral the proof that you successfully completed alcohol treatment (usually in the form of a Certificate of Completion. A letter documenting successful Oregon DUII Alcohol Treatment would also work). Have your treatment provider get that proof to Oregon DMV. That's all that needs to happen. If that can't happen for some reason, call your old lawyer and get the case back before your original judge to get an order that you made "sufficient steps" -- see below.

    DMV’s rules require proof of successful alcohol treatment before you can get your license back following a DUII conviction. There are a only a few, narrow exceptions: (1) it’s been more than 15 years; (2) a Circuit Court judge signs an order that says you made “sufficient steps” to complete treatment; or (3) it’s an out-of-state DUII conviction we’re talking about. The rule reads as follows:

    735-070-0085

    Proof of Treatment Completion Required for Reinstatement of DUII Suspension

    (1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide as proof that the person completed a treatment program to which the person was referred under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must be completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider.

    (2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the Certificate required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the Certificate must show the date treatment was completed.

    (3) If the person does not provide the proof described in section (1) of this rule, DMV will not reinstate driving privileges following a suspension for DUII unless:

    (a) The person submits an order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program;

    (b) It has been 15 years or more since the person’s last DUII conviction in an Oregon court; or

    (c) The suspension of driving privileges resulted from a conviction in another jurisdiction for the statutory counterpart to ORS 813.010 (DUII).

    Stat. Auth.: ORS 184.616, 184.619, 802.010, ORS 809.380 OL 2012, Ch. 9
    Stats. Implemented: OL 2012, Ch. 9; OL 2013, Ch. 233
    Hist.: DMV 5-1994, f. & cert. ef. 7-21-94; DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12; DMV 10-2012, f. & cert. ef. 7-19-12; DMV 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13

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  • What are the odds of my 3rd duii from keeping me from driving for life if I enter into a program from Teen Challenge?

    I have had 2 duiis a couple weeks apart 9 years ago, is there any chance I will get a one year suspension.

    Richard’s Answer

    I had to Google "Teen Challenge" to discover it is a faith-based alcohol and drug treatment program. After an alcohol related arrest, it cannot hurt to get involved in treatment. I'd make sure the outpatient treatment provider was an Oregon-approved DUII treatment facility, however. I'll add that, if you're not a person of the "Teen Challenge" form of religion (I'm guessing: evangelical Christian), there are plenty of cognitive-behavioral treatment providers that won't be tied to faith-based programs. If that brand of Christianity works for you, and it's an Oregon DUII approved treatment program, great.

    My colleagues have made clear that there's really no discretion for a judge to give you anything but a Lifetime License Revocation if convicted of a third DUII in Oregon. That means you need a good lawyer to see if you have trial or Constitutional issues that might result in a dismissal or acquittal. As Mr. Kahn pointed out, you've got a short time-fuse to fight the Implied Consent suspension for failing or refusing a breath or urine test -- contact a DUII specialist now! We use those hearings to cross-examine the police and discover whether you've got a defense. You can't be a good judge of that, because you just don't know what to look for -- get a good DUII lawyer now!

    *Most of us meet with people for free and will give you a good idea of what you're looking at, and what your options are.

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  • My question is who has athority in this situation the courts or dmv?

    I was arrested for a dui in Oregon in 2013 and convicted in 2014 I had my one year suspension and I have my license back now. In the court papers for my dui it says I have to have a interlock for 6 months and that is signed by the judge dmv is say...

    Richard’s Answer

    To get your Oregon license fully reinstated after a DUII conviction, you must first wait out the suspension period, and then:

    (a) file a SR-22 insurance certificate with DMV for 3 years, ORS 806.075; and

    (b) install an Ignition Interlock Device (IID) for 1 year for a first conviction; and 2 years for second, ORS 813.602(1).

    The law used to require only 6-months of IID after your first DUII conviction. The judge either made an error on your form, or the law changed in the interim. Assuming the judge got it right and the law changed, Mannelin v. DMV, 176 Or App 9 (2001), says that the more onerous current statute would apply. Mannelin rejected expertly-argued ex post facto, double jeopardy, and bill of attainder arguments. In Oregon, the law at the time of reinstatement is what applies.

    Short answer to your question: DMV has authority on reinstating your license in this particular case, not the judge, because the statute I cited above is directed to DMV rather than the court. That's not always true -- some suspensions can only be imposed by the court, not DMV. Here, the legislature gave DMV the power through the way it worded the statute.

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  • Does the Oregon's Diversion program allows Parole officers or case managers to show announced to my house for inspections?

    I like to drink wine with my meals, but I am worried that my legal rights will affect my wife's Diversion program, if for instance: the Parole officer decides to come into our house for a search and finds that we have a wine collection and other s...

    Richard’s Answer

    DUII Diversion does not require that one's spouse abstain from drinking. Rather, the statute requires: "an agreement by the defendant to not use intoxicants during the diversion period." Your wife can't "use" alcohol, so I wouldn't ask her to fetch you a bottle or pour you a glass. In fact, as a show of solidarity it might be nice to not drink in front of her -- but that's up to you. Some courts take the position that the original Release Agreement from your wife's arrest or arraignment prohibits all use "or possession" of alcohol. If that's the case, you'd want the wine locked and your wife to not have the key. Bottom line: the answer to your question requires some nuance, so you should pose the question to your wife's attorney. That attorney will know more about the case and the particular court than any of us on the Internet!

    p.s. Other restrictions can result from the presence of other charges, like Reckless Driving. Again, pose those questions to your wife's attorney! Spouses are included within the attorney-client privilege (as noted in the Legislative Commentary to the Oregon Evidence Code on point).

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  • Can I obtain a license in less than 10 years if I move to a different state?

    I was convicted of a felony dui in Oregon 24 months ago. This resulted in a "lifetime" license revocation. I served 180 days jail, completed alcohol treatment, I have paid all fines, and completed my probation on time. I know I can appeal to the c...

    Richard’s Answer

    My colleagues are referring to the "Driver License Compact," which the Nat'l Center for Interstate Compacts summarizes as follows: "The Driver License Compact is an interstate compact used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is One Driver, One License, One Record. The home state would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense. The action taken would include, but not be limited to, points assessed on a minor offense such as speeding and suspension of license or a major violation such as DWI/DUI." Non-Driver License Compact States are: Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan. Applying for a license in one of those states isn't a sure thing, but it's virtually an impossibility in any Driver License Compact state. Most license applications ask if you are currently suspended or revoked in any other state, but perhaps not in the non-Compact states. In any event, don't leave Oregon if you're on probation/parole still without permission of your PO! That would set you up for felony probation sanction or revocation, only increasing your troubles. You could also try just living in Oregon without driving, many people make it work. Consider moving to a more urban area with a thriving public transit or bicycle infrastructure.

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  • How will this affect me.

    I had a flat tire and the cops came. They arrested me for DUI..While triple A was on route. Can l get lesser charges. This happened twice in a month. The second time l did blow a .12 BA..

    Richard’s Answer

    Your two cases just became much more serious than either one would be on their own. Tight timelines apply, including 10 days from arrest to ask for a hearing with DMV on your proposed license suspension(s). Ideally, a lawyer would make that request for you -- but if you're close to the 10 day deadline, you can do it yourself (and a lawyer can try to later fix your errors) at DMV's website. Get into a good DUII lawyer's office, ASAP. In cases like these, I've taken both cases to trial, won one and lost the other. That's a much better result than 2 convictions through a plea -- but a DUII specialist can tell you about the strengths and weaknesses of both cases. We discovery those by cross-examining the police at a DMV Hearing -- because the police don't usually write about the weaknesses in their police reports!

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